When an individual suffers damage or sustains an injury from an incident or product use, there may be numerous avenues to seek a legal remedy. Choosing which legal path to take should come after careful consideration of the pros and cons of each available option. Many personal injury cases typically involve an individual seeking compensation for the associated damages. However, a certain product or event may cause the same harm to a large group of people. When it happens that a group of plaintiffs alleges harm instigated by one person or corporation, their cases may be consolidated into one action rather than each plaintiff having to file their own separate lawsuits. For example, if many people have been left with blood poisoning that can be linked to the use of a certain medication, they can come together and hold the pharmaceutical company accountable. This form of consolidation gives rise to two types of lawsuits: class action lawsuits and mass tort litigation.

Mass tort litigation and class action lawsuits are ways through which the court system employs when dealing with large numbers of injured plaintiffs in a more effectual manner. It’s common for these two types of litigations to be confused because they provide a similar form of judicial relief. For instance, both in mass tort and class action, the plaintiffs comprise a large group of people who share the same grievance, allegedly caused by a common defendant. Also, in these two procedural actions, lawsuits are consolidated into one action rather than having each plaintiff bring a separate lawsuit. Finally, both mass torts and class action are designed to streamline the legal process in an already crowded court system. This works by cutting down the number of court cases that arise when many people claim to be harmed by the same event or product.

However, while both class action and mass tort lawsuits are similar in the way they allow for similar cases to be handled at once, they have significant and unique distinctions. Read on to learn the differences.

History of Mass Tort and Class Action Lawsuits

The history of mass tort litigations dates back to the early 1980s, but some believe it’s the early 1960s. In these years, attorneys represented victims of “mass accident” claims, like those involved in airplane accidents. High profile cases during these early years revolutionized the whole concept of mass tort claims.

Class action lawsuits, on the other hand, date back to the medieval times in England, when they were known as “group litigation.” Class actions were often involved in the breaking of the parish, guild, or village rules that would affect a large group of people at the same time. Moreover, while individual cases became the norm in England, class actions were progressively absorbed in many other countries.

Mass Tort Litigation: Large Group of Individuals with Different Injuries

A mass tort is a litigation led by an attorney or a group of attorneys on behalf of hundreds or even thousands of individuals who’ve suffered the same harm caused by the same product. In most cases, the individuals being represented have sustained injuries or losses that were caused by the same product, but they vary in type and severity. For instance, a faulty medical device or prescription drug can be responsible for a wide range of injuries, from minor ones to severe and debilitating side effects. The damages may, therefore, be diverse, based on the type and extent of the injury or loss.

What makes mass torts unique is the fact that individuals file their claims disjointedly but are later consolidated as a group, and each plaintiff is treated independently. The consolidated claims are then heard concurrently ensuring efficiency and cost-effectiveness. Even so, they are still considered unique. In most cases, mass torts involve defective products, antitrust issues, pharmaceuticals, or public disasters. The attorneys in a mass tort lawsuit can share their findings, ideas, and resources to ensure that the plaintiffs receive fair compensation.

Is There a Need for Approval by the Court?

Unlike a class action, a mass tort does not require certification in order to proceed. However, a judicial determination based on rules of joinder is necessary. A mass tort attorney will be required to request the court for permission to file a mass tort action. The decision of the court upon receiving the request will be determined by several factors, including the type of injuries suffered, the number of claimants, where the claimants reside, and whether the injuries can be linked to the same product or harmful act. If the request is granted, the mass tort will be assigned to a judge. The lawsuit may be advertised to inform the public so that other victims can have the chance to join the suit.

How a Mass Tort Ensues

Once the mass tort is assigned to a judge, the representing lawyers conduct investigations and collect evidence to support the claimants. One of the main advantages of mass tort lawsuits is that the involved attorneys share their strategies, resources, investigations, evidence, and other critical information to support claims made by their clients, regardless of the severity of the injuries or the potential amount of compensation. A pretrial hearing will be held, and the attorneys can submit their claims and evidence. This can be done through multidistrict litigation or MDL in a single court to consolidate all cases and help victims recover compensations. The court may be in several cities but may be close to the defendant’s headquarters.

Compensation in Mass Tort Lawsuits

Because mass torts try to address each plaintiff on an individual level, they can be long processes that may take years to resolve. However, sharing of critical information between attorneys goes a long way in building a solid case to make sure that victims may obtain the best representation possible. Once a strong case is formed, the plaintiffs and the defendant(s) may negotiate and reach a settlement that must be reviewed and approved by the presiding judge. If the mass tort parties do not reach a settlement, a judge will decide the case through a trial process. As already mentioned, the circumstances, injuries, and losses of each plaintiff may vary. So, if the defendant is found to be liable, the amount of compensation that goes out to each plaintiff will be based on their unique circumstances. This ensures that every interested party gets a fair settlement.

Class Action Lawsuits: Large Group of Individuals with Same Injuries

A class action refers to a single litigation filed in the interest of a large group of people involved in a situation that caused common injuries or losses. The plaintiffs are put in a “class” because their injuries or losses are similar. For instance, if a defective military earplug fails to function as expected and leaves users with a range of hearing issues, then a class action would, for instance, cover those who permanently lost their hearing and another would cover those with tinnitus. Class actions are basically intended to decrease the number of cases by allowing one plaintiff or a small group of plaintiffs to file a lawsuit on behalf of the entire group of people.

Members of the class who are not active participants are protected by the class action. Unlike a traditional lawsuit where the defendants and plaintiffs must be present, class actions only allow the class representative (s) to be present during the proceedings. The person representing the class pursues his/her claims as well as those of absent members. If each plaintiff were to present their cases individually, they would all have to present the same claim and try to prove the same exact facts in each trial. This makes it complex and time-consuming for courts to handle the volume of a separate case. Class actions help reduce redundancies.

How a Class Action is Started

A Class Action starts after an individual informs an attorney of the wrongful act, damages or injuries caused by a product, and the attorney finds a basis to pursue a lawsuit. If the lawyer decides to pursue a class action, that individual becomes the class representative or lead plaintiff. In some cases, however, there may be several listed plaintiffs. Those named will then jointly represent the larger group of people who have suffered the same harm. Individuals in a class action can be less than 50 or more than 50,000.

Certification in Class Actions Lawsuits

A class action must be certified for it to move forward once it has been filed with the court. The threshold requirements for class certification are put forth by Rule 23 of the Federal Rules of Civil Procedure. The creation of a class must meet the following criteria:

  • Numerosity- the class is so numerous that it would be impractical for each class member to file a separate lawsuit
  • Typicality- the defenses or claims of the class representatives are typical of those of the entire class
  • Commonality- all class members share common questions of law or fact
  • Adequacy- the proposed class representative, will reasonably present and protect the interests of the whole class

Also, there are additional requirements that the class must meet, including ensuring the class action is superior to other forms of available legal methods. If it meets all these requirements, it may become certified by the court.

How a Class Action Ensues After Certification

Once the Class Action is certified, the attorney will typically attempt to inform other victims of the lawsuit. These individuals have the option to join the class by simply ‘opting in,’ but they also can ‘opt out’ and find their own legal counsel if they deem it necessary. On many occasions, victims don’t know about the action or negligence of the defendant until they’re notified of the class action, especially in cases involving dangerous products or defective medical devices. The class action attorneys will work together to find the information they can use to prove that the defendant’s act or product harmed the class members in a similar manner. During this period, the named plaintiff(s) must be present to adequately and fairly represent the absent class members. Here are steps that are taken for a class action lawsuit to proceed:

  • Every class member must be notified and given a chance to pursue the case separately rather than participate in the class action
  • The plaintiff’s experience with the product in question must be similar to the experience of the other people involved in the lawsuit
  • The experience of the plaintiff with the product or company must be representative of other class members
  • The plaintiff must be in a position to demonstrate that a class action would be a more cost-effective option over individual lawsuits
  • The class representative must explain why a class action is ideal for bringing the defendant to book

Compensation in a Class Action Lawsuit

As the case proceeds, the evidence is presented to the court, and the presiding judge enters a judgment that applies to all class members. As such, a large number of claims are determined in a single proceeding. The defendant must follow through with the order if found liable. However, if the plaintiff(s) and the defendant(s) agree to settle before the lawsuit goes to court, the agreed settlement must be approved by the judge to make sure that it’s adequate and fair. The attorneys receive a percentage of the entire recovery for their costs and fees, the lead plaintiff(s) receive an amount based on their participation, and then the rest is divided among class members as per the defendant’s distribution plan.

Mass Tort Litigation and Class Action Lawsuits: The Differences in a Nutshell

The central difference between a mass tort and class action lies in the treatment of the group of plaintiffs. In class actions, plaintiffs are individuals who have suffered similar injuries or damages resulting from the defendant’s actions or inaction. In essence, class action lawsuits are for individuals who share well-defined common characteristics. A mass tort, on the other hand, covers a broad range of injuries to the plaintiff’s claims are different.

Since mass torts involve varied claims, they tend to be broader and complex. It’s more difficult to establish settlement and compensation amounts in mass torts because the type and severity of each plaintiff’s injury or damages are taken into account. Mass torts do not necessarily adhere to standard legal procedures. They are usually pursued when one of the legal criteria for filing a class action lawsuit is not satisfied. For instance, the factual situations of the plaintiff(s) are extremely varied and outweigh the common issue required to form a class action. Class actions tend to be more structured because one plaintiff represents the experience of the class as a whole. The court rulings in class action apply to all class members, including those who don’t know they are involved in a class action lawsuit. Therefore, once a class action is approved, those injured by the specific product could end up receiving very little or no compensation, even though their cases were never presented to a jury.

Another key difference is that class actions must be certified by the court, but this requirement does not apply to mass tort cases. In mass tort cases, it can be difficult to achieve a specified certification because it requires the plaintiff to show that the damages are too different to handle within one case or the targeted compensation amount does not apply to all plaintiffs. Some cases may start as mass torts and end up as class actions, but this is not as common because many do not meet the class certification.

Advantage for Consumers

Large corporations usually criticize the use of mass tort and class action lawsuits, but these methods of trial are highly important in protecting consumers. Pooling resources and sharing ideas and findings give the group a better chance of getting fair representation. The advantage is that large companies must also be liable for their actions or inaction. Mass torts and class actions ensure that adequate damages are paid. In some cases, the extent of injury or loss suffered may not be enough to make the cost of trial worthwhile for an individual victim. Moreover, if the damage is not as significant, the costs of going to trial may exceed the amount the victim is likely to receive. For this reason, many victims are discouraged from attempting even to put forward their grievances. Sharing the expenses of a trial helps even the playing field since most defendants in these cases are highly resourceful and can access a team of high-end attorneys.

Find a Mass Tort Lawsuit Near Me

If you’ve been hurt by a dangerous drug or a defective medical device, Consumer Alert Now can connect you with experienced nationwide attorneys who can advise you on the best way to pursue your claim. Whether your case fits better in a class action or a mass tort, we can guide and help you find an attorney best suited to handle your case. Contact our mass tort attorney today at 800-511-0747 for a case evaluation.